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2023 Supreme(Mad) 815

T. RAJA, D. BHARATHA CHAKRAVARTHY
Sri International, Represented by its Partner, N. Ramalingam, Tirupur – Appellant
Versus
Central Bank of India, Tirupur – Respondent


Advocates appeared:
For the Petitioners:Om Prakash, Senior Counsel, A. Thiyagarajan, Advocate. For the Respondents:R1, M.L. Ganesh, R2 to R4, A.R.L. Sundaresan, Additional Solicitor General of India, For M/s. B.A. Sujay Prasanna, Advocates.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 24.11.2022 passed by the Debts Recovery Appellate Tribunal, Chennai in RA.(SA).No.17 of 2022, and quash the same and consequently set aside the sale held on 04.09.2020.)

Common Order:

D. Bharatha Chakravarthy, J.

A. The Petitions:

1. The writ petitioners have filed these two writ petitions challenging the common order dated 24.11.2022 passed by the Debts Recovery Appellate Tribunal, Chennai, in R.A.(SA).No.17 of 2022 and R.A.(SA).No.18 of 2022, respectively.

  B. The brief facts of the case :

2. The first petitioner is a partnership firm and the second and third petitioners are its partners. They availed packing and cash credit loan facility from the first respondent in the year 2017 and the said loan facilities were also renewed by a sanction letter dated 29.03.2019 to the tune of Rs.4 crores and the fourth respondent stood as a guarantor. Four properties were mortgaged as collateral


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